Section 401 Water Quality Certification (WQC) Forms

A Section 401 WQC is a statement which asserts that a proposed discharge resulting from an activity will not violate applicable water quality standards. Pursuant to Paragraph 401(a)(1) of the Clean Water Act, a Section 401 Water Quality Certification (WQC) is required for “[a]ny applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters...” The term “discharge” is defined in CWA, Subsections 502(16), 502(12), and 502(6); Title 40 of the Code of Federal Regulations, Section 122.2; and Hawaii Administrative Rules (HAR), Chapter 11-54.

The Section 401 WQC is regulated under Hawaii Aministrative Rules, Chapter 11-54, Water Quality Standards. Please see below for the Section 401 WQC application, guidelines, and the General Monitoring Guideline for Section 401 Water Quality Certification Projects.

2013 Vessel General Permit (VGP) and Small Vessel General Permit (sVGP)

On March 28, 2013, EPA issued the 2013 VGP to authorize discharges incidental to the normal discharge of operations of commercial vessels. The 2013 VGP has an effective date of December 19, 2013. DOH-CWB has issued a Section 401 WQC (File No. WQC0833) for the 2013 VGP. WQC0833 becomes effective on December 19, 2013. Please see the link below for WQC0833.

EPA intends to finalize the sVGP later this year (2013). DOH-CWB has issued a Section 401 WQC (File No. WQC0832) for the sVGP. WQC0832 becomes effective on December 19, 2013, Please see the link below for WQC0832.

To view the EPA VGP conditions and requirements, please see the U.S. EPA Vessel General Permit website link below. If you have questions regarding EPA VGP, Please contact:

EPA Head Quarters: Ms. Deborah Nagle, at telephone No. (202) 564-1185, or at e-mail: Nagle.Deborah@epa.gov.
EPA, Region 9: Mr. Eugene Bromley at telephone No. (415) 972-3510, or at e-mail: Bromley.Eugene@epamail.epa.gov

If you have questions on how to file an eNOI, please contact: EPA Head Quarters: Ms. Jennifer Jackson at telephone No. (202) 564-9129

HI DOH e-Permitting System - Section 401 Water Quality Certification